Boating NZ - - Boat Business -

Sealegs In­ter­na­tional Lim­ited, a wholly-owned sub­sidiary of Fu­ture Mo­bil­ity So­lu­tions, has been suc­cess­ful in the copy­right in­fringe­ment mat­ter be­fore the High Court.

The de­fen­dants, Orion Marine Lim­ited, Dar­ren Ley­bourne, Smug­gler Marine Lim­ited, David Pringle, Stryda Marine, Vladan Zub­cic and Yun Zhang (aka Allen Zhang), were found to have in­fringed on Sealegs’ copy­right works and are li­able.

The Orion am­phibi­ous de­signs were found to be di­rectly de­rived from the Sealegs’ de­sign and were sub­stan­tial copies/re­pro­duc­tions of said de­sign – for which Sealegs In­ter­na­tional holds copy­right.

A court in­junc­tion re­strains the de­fen­dants from in­fring­ing on Sealegs’ copy­right and pre­vents them man­u­fac­tur­ing, dis­play­ing, of­fer­ing for sale or sell­ing fur­ther copies of Sealegs’ de­signs, in New Zealand or any other coun­try.

The de­fen­dants are also pre­vented from man­u­fac­tur­ing, dis­play­ing, of­fer­ing for sale or sell­ing the Orion S25-3WD and/or the Orion S25-4WD am­phibi­ous sys­tem, ei­ther as a sep­a­rate kit or in­stalled on the hull of a craft.

Sealegs is seek­ing court costs, as well as dam­ages aris­ing from the sale of the Orion de­signs, which were based on and in­fringed Sealegs’ copy­right works.

Sealegs has also sought a court or­der that all the in­fring­ing Orion de­signs are to be de­stroyed, which will be sub­ject to a fur­ther hear­ing.

The de­fen­dants have lodged an ap­peal.

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